Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the respondent authorities must consider the petitioner’s representation, provide a hearing, and pass a reasoned speaking order within four weeks.
Summary
The petitioner, Sudhir Kumar, filed a writ petition seeking promotion to higher posts in the Agriculture Department of Bihar, invoking the 2023 rules issued by the General Administration Department. He also requested that the department consider his representation dated 17‑12‑2025 and grant an officiating promotion, arguing that no departmental or judicial proceedings were pending that should impede his promotion. The court, after hearing counsel, directed the Principal Secretary (respondent No.2) to examine the representation, afford the petitioner a hearing, and issue a reasoned speaking order within four weeks. No substantive determination on the entitlement to promotion was made. The writ application was disposed of on the terms of this procedural direction.
Issues considered
- Whether the petitioner is entitled to promotion under the 2023 rules of the General Administration Department.
- Whether any pending departmental or judicial proceedings bar the granting of the promotion.
- Whether the representation dated 17‑12‑2025 must be decided by a speaking order.
Subjects
- promotion
- departmental proceedings
- writ jurisdiction
- administrative law
- representation
- speaking order
- Bihar Agriculture Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.683 of 2026
======================================================
Sudhir Kumar S/o- Late Rajendra Prasad Yadav, R/o- Village- Manikpur
Mushhariya, P.S.- Parihar, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Agriculture Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.
3. The Director Agriculture, Agriculture Department, Govt. of Bihar, Patna.
4. The Joint Secretary, Agriculture Department, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yashwant Kumar @ Chaman
For the Respondent/s : Mr.Government Pleader (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed this writ application for
following reliefs:-
“(I) For commanding and
directing the respondent authorities to
consider and grant promotion to the
petitioner on the post of Sub-Divisional
Agriculture Officer/Deputy Project Director
(ATMA) and Assistant Director (Agronomy)
and equivalent posts in pay level-9 in the
light of Rules, 2023 issued under
Notification No.-19300 dated 13.10.2023 by
the General Administration Department
from the dates the Junior to the petitioner
has been granted with all consequential
Patna High Court CWJC No.683 of 2026(2) dt.03-02-2026
2/3
benefits.
(II) For direction upon the
respondent no.-2 to consider the
representation of the petitioner dated
17.12.2025 and take an appropriate decision
in accordance with law expeditiously and
grant officiating promotion to the petitioner
on the higher post from the date the junior
have been so granted with all consequential
benefits.
(III) To hold that neither
departmental proceeding nor judicial
proceeding was pending either on the date of
meeting of Departmental Screening
Committee i.e. 08.01.2025 or on the date of
issuance of Notification No.-171 dated
15.01.2025 and therefore, any subsequent
issuance and service of memo of charge will
not come in the way of granting officiating
promotion to the petitioner on the higher
post.
(IV) For any other relief/reliefs to
which the petitioner may be found entitled to
in the facts and circumstances of the case.”
3. At the very outset, it is submitted by the learned
counsel for the petitioner that he would be contended with the
fact that his representation dated 17.12.2025 as contained in
Annexure-P/3 be disposed of by the authorities/respondent no.2
Patna High Court CWJC No.683 of 2026(2) dt.03-02-2026
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by speaking order.
4. Be that as it may, in the interest of justice and upon
submission of the learned counsel for the petitioner, it is
directed that the respondent no.2 shall consider all the aspects of
the matter and the grounds mentioned in the representation after
affording an opportunity of hearing to the petitioner and pass a
reasoned and speaking order, in accordance with law, within a
period of four weeks from the date of receipt of the
representation, which may be communicated to the petitioner.
5. Accordingly, this writ application stands disposed
of in the aforesaid terms.
(Praveen Kumar, J)
shivam/-
U
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